KWENENG DISTRICT COUNCIL (

HAWKING AND STREET-VENDING) BYE-LAWS

(sections 44 and 45)

(21st July, 2017)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Prohibition on hawking or street-vending without certificate

    4.    Application for certificate

    5.    Issuance of certificate

    6.    Validity of certificate

    7.    Renewal of certificate

    8.    Register of hawkers and street-vendors

    9.    Duplicate certificate

    10.    Certificate not transferable

    11.    Modification, suspension or cancellation of certificate

    12.    Duties of hawkers and street-vendors

    13.    Prohibited forms of hawking

    14.    Prohibited forms of street-vending

    15.    Certificate to be produced for inspection

    16.    Appeals

    17.    Offences and penalties

        Schedule

S.I. 81, 2017.

1.    Citation

    These Bye-Laws may be cited as the Kweneng District Council (Hawking and Street-Vending) Bye-Laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "authorised official" means the Council Secretary or any employee of the council duly authorised as such, in writing, by the council;

    "certificate" means a hawker’s certificate of registration or a street-vendor’s certificate of registration, issued under bye-law 5;

    "council" means the Kweneng District Council;

    "council area" means the area under the jurisdiction of the Kweneng District Council;

    "hawker" means a person, under bye-law 3, who carries on the business of selling goods from place to place within the Kweneng District Council;

    "Police Service" means the Botswana Police Service;

    "register" means a register which the council is required to keep under bye-law 8;

    "Registrar" means the Council Secretary or any employee of the council duly authorised as such, in writing, by the council; and

    "street-vendor" means a person, under bye-law 3, who carries on the business of selling goods from a pitch at which he or she stations himself or herself, either in a convenient public place or upon land on which he or she has no right to control, or upon land which he or she has the right to control and which shall be known as a "Tuck shop".

3.    Prohibition on hawking or street-vending without certificate

    A person shall not carry on the business of hawking or street-vending within the council area unless such person—

    (a)    is not forbidden by the conditions of his or her employment;

    (b)    is a citizen of Botswana;

    (c)    has attained the age of 16 years; and

    (d)    is the holder of a valid certificate issued in terms of these Bye-laws.

4.    Application for certificate

    (1) A person wishing to carry on the business of hawking or street-vending may apply for a certificate to the Registrar in accordance with Form A set out in the Schedule.

    (2) A person applying for a certificate in accordance with subbye-law (1) shall supply such information as the Registrar may require and, in particular, specifying—

    (a)    the class of goods to be traded; and

    (b)    the area at which he or she intends to trade at.

    (3) The application shall be accompanied by—

    (a)    two photographs, approximately five by four centimeters in size, clearly depicting the face and shoulders of the applicant;

    (b)    copy of the applicant’s national identity card issued in accordance with the provisions of the National Registration Act; (Cap. 01:02) and

    (c)    a non-refundable application fee as shall be determined by the council from time to time.

5.    Issuance of certificate

    (1) The Registrar may, if he or she is satisfied that the applicant meets the requirements of bye-law 4, issue a hawker’s or street-vendor’s certificate in accordance with Form B or C set out in the Schedule respectively, subject to such conditions as he or she considers necessary or expedient, having regard to the provisions of these Bye-laws.

    (2) The Registrar may refuse to issue a certificate—

    (a)    if he or she is satisfied that the issue of such certificate would be contrary to the public interest;

    (b)    in respect of a particular class of goods, if he or she is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest; or

    (c)    in respect of a particular area, if he or she is satisfied that the carrying on of business in such area would be contrary to the public interest.

6.    Validity of certificate

    A certificate issued under bye-law 5(1) shall be valid for a period of two years.

7.    Renewal of certificate

    (1) A holder of a certificate issued under these Bye-laws may, upon expiry of the certificate, apply to the Registrar for a renewal of the certificate in accordance with Form D set out in the Schedule, for a further two year period.

    (2) An application for renewal in terms of subbye-law (1), shall be made not later than one month before the expiry of the certificate.

    (3) The Registrar shall, on application made in terms of subbye-law (1) endorse such renewal on the Form B or C certificate set out in the Schedule and may attach such conditions to the renewal, as he or she may determine.

    (4) The Registrar may refuse to renew a certificate if he or she is satisfied that—

    (a)    the conditions of the certificate have not been complied with;

    (b)    the conditions of these Bye-laws have not been complied with; or

    (c)    it is in the public interest not to renew such certificate.

8.    Register of hawkers and street-vendors

    (1) The Registrar shall keep a register of hawkers and of street-vendors.

    (2) The Registrar shall cause to be entered into such registers the following particulars in respect of each hawker or street-vendor—

    (a)    his or her full name;